Application Of Justifiable Defense System In Domastic Violence

Domestic violence is a deep-rooted disease in human society,and its behavior itself seriously violates ethics,morality,public order and good customs.In addition,in judicial practice,cases of victims of domestic violence "fighting violence with violence" are frequent and have once become a hot topic in society,so the legal evaluation of the resistance of family members has also become a topic of research in the criminal law field.In addition,at the legislative level,China is also constantly exploring and making breakthroughs.On March 4,2015,the Supreme People’s Court and other four departments jointly issued the Opinions on Handling Domestic Violence Crime Cases,and the Anti-Domestic Violence Law came into effect on March 1 of the following year.However,in the judgments of similar cases,because the application of the legitimate defense system at this stage is biased towards consequentialism,and there are many gaps in the system itself,it cannot be adapted to the special situation of domestic violence defense,resulting in the legitimate defense system in the judgment of such cases,it is difficult for the legitimate defense system to protect the legitimate rights and interests of the perpetrators of violence.On the other hand,due to the abstract and lack of operability of the current guidance of laws and judicial interpretations on such special cases,the discretion of the adjudicator is too large,and it is influenced by consequentialism,and the legal evaluation of the perpetrator is often very conservative,which eventually leads to a large number of different punishments in the same case.First,I start with typical cases involving legitimate defense in domestic violence,which raises the issue of the application of law in a series of similar cases.And then I elaborate on the conceptual issues of domestic violence and its legitimate defense,involving the concept,academic classification and characteristics of domestic violence,and then discusses the particularity of the elements of legitimate defense in domestic violence cases;Therefore I systematically analyzes the problems in the application of legitimate defense in domestic violence,namely:the widespread phenomenon of different sentences in the same case;The Opinions do not go beyond the scope of traditional legitimate defense;The traditional theory of legitimate defense has difficulties in its application in domestic violence cases,and the contradictions in the application of the latter mainly focus on the causal conditions,time conditions and limit conditions of legitimate defense.Finally,I put forward corresponding suggestions for improvement in view of the above-mentioned judicial application issues.On the one hand,the criteria for determining legitimate defense should be improved—specifically judging the causal conditions,flexibly applying the time conditions,and appropriately relaxing the limit conditions;On the other hand,sentencing in judicial practice should be balanced,the sentencing status of victims should be highlighted,and a complete and systematic case guidance system should be established;At the same time,the applicability of the Opinions should also be increased,detailed provisions should be made on relevant abstract concepts,and the application of legitimate defense should be effectively explored within a reasonable scope.